Articles

As a community association manager, a large part of your time can be taken up with questions from directors and members that require a response. While you might want to provide as much helpful information as you can, be aware that this area can be fraught with risk for you and your management company. That’s because giving what you think of as a detailed and helpful response could be seen as “the practice of law” under certain circumstances, which could subject you to penalties.

Depending upon where the community you manage is located, hot weather is a year-round issue you must manage or summer is around the corner faster than you think. One sure way you can beat the heat, no matter where your association is, is to be certain that your community’s central air conditioning system or members’ individual units are ready to go for peak temperatures. Malfunctioning systems are likely to waste energy and money—and they’ll certainly lead to member complaints.

Q: A homeowner in the planned community I manage has installed a shed in his backyard. Under the association’s declaration of restrictions, the homeowner is required to get written permission to install this type of structure, but didn’t. He refuses to remove it, saying that multiple other similar sheds are visible in his neighbors’ yards. If the association sues him, what’s the likelihood that other owners’ unapproved structures will affect the outcome?

A homeowners association in Las Vegas is facing not just a staggering jury verdict in favor of the family of a teenager who was injured by playground equipment in the community, but also questions from confused members, some of whom feel misled.

In 2015, a swing set crossbar in the community’s common area fell on the 15-year-old boy’s head, causing permanent brain damage that will worsen over time. Court records show the association did not have a maintenance and inspection plan on their playground equipment.

Facts: A condominium unit owner alleged that a board of directors election for the community had been improperly conducted. He claimed that there were statutory violations. He asked a trial court for declaratory relief—that is, a judgment of a court that determines the rights of the parties without ordering anything be done or awarding damages—but the court denied it. The unit owner appealed.

Decision: A California appeals court affirmed.

As time goes on, even more information emerges about how dangerous smoking is not only for smokers, but also for those exposed to secondhand smoke. Secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer. Smoking is also a fire hazard, leading to possible property damage; cigarettes or cigars that haven’t been completely extinguished can spark flames.

If you manage a condominium building that’s out of date environmentally, you should consider getting behind a green initiative. You could push for the building to become LEED certified. It’s possible to bring older condominiums up to date environmentally, but you’ll have to sell this idea to the board. Explaining LEED to them is important, but you’ll have to get up to speed on it first. Here’s what you need to know.

Learn about LEED

In some communities, there can be controversy over short-term rentals, with some members being strongly in favor of rentals while others fight to keep the community limited only to unit owners. But the outcome of a fight like this will be largely dependent on the covenants and governing documents of the association. In a recent case, a court determined that short-term rentals violated the restrictive covenant.

Spring is here and with it will come warm weather that brings out homeowners and condominium owners to enjoy it. Especially in city areas, which tend to have many condominium buildings, there’s limited outdoor space, so members and their guests might try to create some recreational space on community rooftops—sunbathing, barbecuing, or just cooling off from their hot units. Unfortunately, allowing people on the roof of your condominium building can create problems for you and the association.